$2.75 Million – Construction Accident

McGowan & Associates Negotiates $2.75 Million for Child Seriously Injured in Construction Site Accident

Attorney: Owen P. McGowan

Type of Case: Negligence, Personal Injury, Product Liability

Damages: $2 million from the owner of the backhoe which caused our client’s injuries; $750,000 from the manufacturer and distributor for product liability claim.

This tragic case involved our representation of a twelve year old boy who was present at a Massachusetts construction site where an Ingersoll-Rand Bobcat was being used to fill trenches in order to cover cable lines to a subdivision. The plaintiff was watching his brother operate the backhoe on the opposite side of the trench when the backhoe came too close to the edge of the trench causing it to tip. It crushed the plaintiff’s left leg and did considerable damage to his right leg as well.

The initial claim settled for $2,000,000 as to the owner of the backhoe. Following this resolution, we pressed on with claims against the manufacturer and distributor of the Ingersoll-Rand 753 Bobcat with respect to the product liability aspects of the claim. It was our contention that the Bobcat had been supplied with an excessively large bucket thereby rendering it more susceptible to tips such as the one which occurred. This portion of the case settled at mediation for an additional $750,000.

Our client suffered catastrophic injuries. He and his family desperately needed significant resources for his medical care and their home also had to undergo a complete retrofitting, given the incredible damages sustained.

McGowan & Associates remained in close contact with the family after this serious accident. Tragically, our client died a few years ago. At that time, the family turned to our firm again. McGowan & Associates provided the family with assistance and support and negotiated with the structured settlement insurer. The settlement funds were released to the family outright, without penalty.